Penny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

I indicate for the efficacy of the chamber and to Senator Brandis that my instructions, as the Minister representing the Attorney-General, are that the government will accept all of the opposition’s amendments. I will flag also—and, obviously, it is entirely a matter for Senator Brandis as to how he chooses to run the debate—that we would have no objection, subject to the chamber obviously, if he wished to move his amendments by leave together, insofar as he was able to do so. I propose, if I may, Senator Brandis, to just indicate broadly and to make a couple of points about the government’s view about the amendments, which may be of assistance.

I am advised that the government is prepared to accept the opposition’s amendments in the interests of ensuring passage of this important legislation. I indicate we have some reservations about the effect of the opposition’s amendments and the effectiveness of the proposed reforms. For example, amendments (1), (4), (6) and (7), to provide the court with a discretion to make unexplained wealth restraining orders, preliminary orders and final orders, are arguably inconsistent with the existing asset confiscation provisions in the Proceeds of Crime Act. It is desirable in the government’s view that once a court is satisfied a person has unexplained wealth it be required to make an unexplained wealth order.

Amendments (2) and (9), allowing a person to use their restrained assets to pay for legal representation, have the potential to create loopholes in the unexplained wealth scheme. Legal advisers have been known to assist their clients to launder the proceeds of crime. That is why the existing act, which was introduced by the coalition when in government, does not allow access to restrained assets for private legal representation. However, as I have already indicated, the government is keen to see passage of these amendments to ensure significant reforms to the bill and in that context is willing to agree to the position put by Senator Brandis through the amendments.